AuthorDavid Vaver
* Indicates cross-reference to another entr y
Account of prof‌its: A discretionar y remedy that requires an infringer to
detail the net prof‌its made from an *infr ingement and to pay the sum
over to the claimant.
Anticipation: The converse of *novelty in patent law. An invention that
has been anticipated (i.e., the same subject-matter is shown to exist
already at a patent application’s claim date) is not new and therefore
cannot be patented.
Assignment: The voluntary tran sfer of ownership of a right. The per-
son transferring is the assignor, who transfers (assigns) to an assignee.
Called “cession” in Quebec.
Berne Convention [Berne]: The Convention on the Protection of Literary
and Artistic Works signed at Berne in 1886. The latest version of this
*treaty is t he Paris Act of 1971, of which Canada became a member as
from 26 June 1998. Until then, Canada was bound only by the 1928 ver-
sion of Ber ne. Canada’s laws nevertheless substantially complied with
the Paris Act earlier because of Canada’s obligations under *NAFTA and
later *TRIPs.
Authorization: See Licence. Not to be confused w ith the “authoriza-
tion” right granted to a *copyright holder, who may therefore, without
incongruity, authorize (in the sense of license) another to exercise thi s
right to authorize the doing of an act restricted by *copyright.

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